Car Crushed by Management Company while on Vacation

Seagull said:
Do you live in a gated estate, or does it have open access to the public? If it's open to everyone, then it's defined as a public space, and your car needs to be taxed and insured, even if it's left in a parking space.
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Well yes and no. It's a private car park, there a signs everyone saying so. But the public can drive in and pay as the car park is protected by a barrier and operates on a ticketing system.

Your last sentence about a car requiring tax is not true if it's in a private space, but that space is in a public car park. You can't be clamped or ticketed for parking in/on your own property. This is something ive looked into in the past. What you are basically saying is anyone living in an apartment complex who owns a car can NEVER declare their car off the road.
 
peteb said:
You say it was a designated spot. but was it your designated spot? Or a designated visitor spot?
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Hi ELG - I am not sure if this question was answered? It may be of relevance to determining why you have been told your car was illegally parked. There may be rules about occupying visitor spaces on a permanent basis. I think you need to talk to a solicitor as it does sound like they may be in the wrong.
 
ELG said:
. The car in question hasn't been used since last January. A good service and it's as good as new. It has plenty of life left in it.

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Well I wouldn't be much of a car expert, but I would have thought it was very bad practice not to give a car a little ride every now and then. Also can't understand why you didn't wash it, it sounds like it was unsightly and uncared for with no up to date insurance or tax disk.

Presumably the OMC acted as it did because of complaints, and boy were they efficient - did they not notify you of what they were going to do, are you sure they knew it was your car? Does it have a registration plate or other identifying feature - like a note in the window !
 
ticketed car park which the public use? Would this be a shopping centre car park that has apartments as part of it which residents can use?

You may find that the lease contains much broader sweeping powers of control over vehicles and access in such car parks whether they be open air of part of a multi level system. Its not just unit owners that have access but any member of the public. The company has a duty of care not just for safety but to ensure the place is kept in A1 condition as unsightly aspects could impact on businesses and other commercial activities.

Just a thought, may not be relevant. If it is for the public then conceivable there are no allocated spaces. You park where you can? If that is the case you would have diminished rights.

Still would imagine they would try to contact you though. What did they say when you rang them Monday?
 
Note OPs original post:

Seems fairly private to me...IMO management company is waaaaaaaaaaaay out of line, especially if they didnt contact OP.
 
I'm not sure OMC had a right to remove if it was parked in a private space, especially if you had provided them with your reg.

I have to agree with the minority of posters here however, in that the management company were probably hounded by a good few people in your estate in order to get the car removed. Just cause it did not bother you doesn't mean it is not going to annoy other people.

Did the OMC try to contact you while you were on your holidays? Did they put a notice on your car? What is the statutory period of notice they have to give if they did, one week, two? Devil's avocate: 1. a complainant knew you were on holliers and made the complaint the day after you left 2. the statutory period of notice for a sticker on your car is two weeks and they stick it on your car day 2 of your holliers 3. Day 16 of your holliers it was removed.

You need to ask a solicitor.
 
just curious how it can be a private space if the public have full access? Is there another access control system?

How do you stop the public parking in your space once they have full access to the car park and have paid?

Also, even where you have designated spaces with numbers these are not usually the owners property. Typically its just a right of access to use it. Owners like to refer to these as their private car parking space but often it is no different to a hallway or other common entrance area from a legal perspective. Its the companies property to which owners have a right of access subject to conditions and contractual compliance. Occasionally spaces can be totally private.

Has there ever been clamping?
 
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